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Dutch Parliament: Downloading Movies and Music Will Stay Legal

In an attempt to reduce widespread piracy in the Netherlands, the government there recently introduced a plan that would make downloading movies and music unlawful. However, this proposal was binned yesterday by a motion from the Dutch parliament due to concerns it would restrict the free flow of information, invade the privacy of citizens and invite copyright trolls. Instead, they encourage the entertainment industry to focus their attention on providing authorized alternatives.

amsterdamAs in many other countries around the world, downloading music and movies is hugely popular in the Netherlands. A massive 30% of the population is said to do so.

Presently, the Dutch see downloading movies and music for personal use as “fair use” and not punishable by law. However, the current government is trying to find a solution to the ever-increasing piracy problem and has proposed a new bill to make it unlawful.

The topic has resulted in a heated political debate over the past several months, and yesterday opponents of the bill won the first battle as the Dutch parliament adopted a motion to keep downloading movies and music for personal use legal.

One of the main concerns of the parliament is that a download ban would go against the free and open Internet, as it restrict the free flow of information. The motion further states that enforcing such a ban via monitoring would invade the privacy of Internet users.

In addition, the parliament is worried that should downloading become unlawful, copyright holders will go after individual downloaders in court. This might result in a similar situation currently seen in countries like the United States and Germany, where hundreds of thousands of Internet subscribers are being sued by copyright trolls out to make a quick buck.

Instead of a download ban, the parliament suggests that the entertainment industry should focus more on offering authorized alternatives. At the moment, it is practically impossible to download high quality copies of recent movies and TV-shows via legal channels in the Netherlands.

The stance of the Dutch parliament is in line with an authoritative report commissioned by the government in 2009. In the report it was estimated that file-sharing has an overall positive effect on the Dutch economy. While it was recognized that the entertainment industry suffers some losses, these don’t outweigh the positive effects of file-sharing.

This report also motivated the Swiss government to keep downloading of music and movies totally legal a few weeks ago.

While the adopted motion is a win for the parties who want to keep downloading for personal use legal, State Secretary for Security and Justice Fred Teeven has already announced that he plans to bring the plan back in an altered form. Whether that will be able to address the current concerns of parliament is yet to be seen.

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  • Pieter Hulshoff

    What’s missing from the article is that downloading in the Netherlands is legal through the “thuiskopieregeling”, a private usage home copy exception to copyright, which is compensated for by a levy on empty carriers. Several performer’s groups came out against the government proposal, since they prefer the levies they receive over the American system of trying to squeeze money from consumers through the courts.

    • Dugsmuggler

      these levies – effectively a “tax” on downloads, are not ideal however they are a marked improvement to the USA’s and germany’s criminalisation and litigation.

      • YarickZan

        Remind me again which countries started using the judiciary for the purposes of revenue instead of the classic American sue them into oblivion to set an example scare tactics again? Oh yes that’s right the pay up or else extortion started in the UK didn’t it. I seem to recall several particularly well known law firms engaging in it.

        • Floppy Coppy

          You better watch out
          You better go hide
          Better not share
          I’m telling you why
          Unjust laws are coming to town
          They’re making a list
          It’s hardly precise;
          Gonna make you pay the ultimate price
          Unjust laws are coming to town
          They see you when you’re seeding
          Claim profits are at stake
          They’re warping laws for their own good
          So encrypt for goodness sake!
          Oh, you better watch out
          You’re gonna get tried
          Congress corrupted
          by a big fat lie
          Unjust laws are coming to town!

        • Guest

          The UK is the most corrupted western country at this point. This country is an awfull mess way on it’s way to fascism.

          Churchill is turning in it’s grave.

        • http://torrentfreak.com/ Rob8urcakes

          The ‘pay-up-or-else’ scheme originated in Germany but was indeed quickly adopted by many greedy and unethical lawyers’ firms in the UK, followed by other Euro-zoners and the USA of course.

          I’m not entirely sure of the schemes up-to-date status in Germany, but it’s been quickly destroyed in the UK by our lower Courts and our SRA (the Solicitor’s Regulatory Authority) who recently decided such legal practices were indeed unethical and punishable with specific and named Member’s suffering disciplinary action for acting in contravention of their Code of Conduct for bringing the legal profession into disrepute.

          The fact that these “pay-up-or-else’ so-called “cases” NEVER reached any senior UK Court is a powerful reminder of the independence of our judiciary from the stupid paid-for politicians (eg Lord Mandelson) who pass laws such as the Digital Economy Act, and to those who WILL fail to support people and businesses through any decent, proper and fair reform of our out-dated and inept CopyWrong laws.

          A reform process in which ALL of us Worldwide can now participate in so long as you respond by 21 March 2012 here
          http://www.ipo.gov.uk/pro-policy/consult/consult-live/consult-2011-copyright.htm

          “Make it so!”

      • http://otester.myopenid.com/ PiRat

        UK’s got it best, legal to download and no tax, surprising really since our government loves to tax.

        • Anonymous

          The UK passed it’s own version of SOPA called the Digital Economy Act, Okay it doesn’t have EVERYTHING that SOPA has, but it comes damn close, especially with the website blocking provisions :P

        • http://otester.myopenid.com/ PiRat

          Doesn’t effect the majority if ISP’s (over 50), at least not yet, I think the MAFIAA will just concentrate on the big ones for now like BT/O2/Sky/TT otherwise it could get quite expensive for them.

          Everyone should be using a VPN (nullifies website blocking) anyways because of the government’s snooping.

      • http://alper.nl Alper Cugun

        What’s the current situation in Germany? I just moved here. Is it advisable to download stuff, or do we need to lay low for a bit?

    • DRuNKeN MaSTeR

      Same as Hungary. You can download anything for personal use, but are not allowed to upload/share it. And we have those holographic stickers on empty mediums such as CDs/DVDs/thumbdrives to pay for the “legal” downloads.

  • Who Cares

    They didn’t say that it would stay legal, this type of motion is non binding. All they did was tell the responsible minister that if he’d try to get his currently wanted legislation through parliament there would be likely not be enough votes for it to pass.
    The minister in question has not given up on getting this proposal signed into law. He just expects that he needs to make a few minor alterations to make it palatable for the no voters.

    To elaborate on what Pieter said; Software is not legal to download but video/music is.

    • http://torrentfreak.com/ Rob8urcakes

      So how do we lawfully d/l any video or music if it’s unlawful to use software to do so?

      I’m pretty sure that’s an oxymoron :(

      • Harold

        No, it’s illegal to download unauthorized copyrighted software. Of course you are allowed to download software. You’re just not allowed to pirate it.

        • Anonymous

          Actually, yes. You can download any media, irrespective of copyrighted status or not. You are still banned from distributing it.

    • http://twitter.com/icanhazsake Ninja

      While the adopted motion is a win for the parties who want to keep downloading for personal use legal, State Secretary for Security and Justice Fred Teeven has already announced that he plans to bring the plan back in an altered form.

      Despite widespread opposition and the report that says that file sharing has a positive impact in the economy and society overall he’ll still push the idiotic bill. So much for some1 that should legislate over facts and the public opinion.

  • Noone

    Off Topic I know but I’d just like to wish Torrentfreak, its writers & readers all the best of the festive season.

    • http://tinyurl.com/ANoiXioNA-personal-info ANoiXioNA

      parrot that !

      Merry festive season.

      //we arrr wining the fictitious war on christmas…. : )

      • http://www.facebook.com/people/Alexi-Karas/100000552891436 Alexi Karas

        Ditto, here’s to another year of excellent news coverage, and a further spread of the Pirate ideology.

    • Anonymous

      Yes, Merry Xmas and a Happy New Year.

      It is nice to have Intermet you all.

    • http://twitter.com/icanhazsake Ninja

      Agreed, merry xmas (late) and awesome new year. Remember kids, only 1 more year till the world ends ;))

  • http://www.facebook.com/people/Don-Dilly/1624894683 Don Dilly

    A common sense solution that also gives a massive boost to Internet startups and bring in much needed foreign currency.

    I can image a number of new dutch VPN services appearing.

    Longer term with most EU countries gradually seeing the light (and falling in line with UN/WTO policy) that opposes US strong arm tactics (and ACTA), It looks like the EU might finally call the US’s bluff.

  • Ok

    Goed nieuws ;)

  • Anonymous

    no prizes for who State Secretary for Security and Justice Fred Teeven is being ‘encouraged’ by to try to bring this pile of shit into law. just hope that his ‘amended proposal’ is defeated too and he is investigated as to why he wants this new law introduced, what he is getting out of it and reveals exactly who is backing him (as if we dont already know!).

    • http://torrentfreak.com/ Rob8urcakes

      I agree. We need far more transparency about who the lobbyists are, when they lobbied, how much they’ve bribed oops ‘donated’ to politicians via gifts or treats, or even paid cash to their political Party.

      For example, the UK’s Labour Party Lord Mandelson initiated the despised Digital Economy Act soon after being an invited ‘dinner guest’ of a major MAFIAA Boss on his privately-owned tropical island (no doubt , all expenses paid by said Boss).

      Makes you wonder what other perks our politicians receive whilst listening to “the People” lol, prior to them creating new legislation.

      The UK had already suffered a “cash for questions” débacle when MP’s were paid to ask specific questions to government Ministers and even the Prime Minister – but the corruption seems to be getting more subtle and sneaky.

      I think the UK and all other so-called “democratic” Countries need a decent dose of glasnost (following yet another tragic collapse of Capitalism and it’s effect on the lowest paid, sick and unemployed) and a hefty dose of perestroika – it seems to have worked a little for the old Soviet Union, so I guess we in the UK, USA etc should try it too huh?

  • Mr.Afghanistan

    Real trolls are in the US and spreading to EU and other countries.

    Downloading should be legal everywhere. If we like it, we will buy it.

    • Questioner

      “Downloading should be legal everywhere.”

      “Downloading” (authorized work) IS legal. But stealing (copyright protected work) is not. There’s a difference.

      If you privately produce something at your cost, and then make it available for sale, shouldn’t you have the right to restrict who can obtain it and how much they will pay for it, so you can invest in creative works and build a business on expectation of profitability?

      When, really, is it okay to steal?

      Will you support Chinese style intellectual property theft next? How about invasion of your country and theft of its resources? What? It belongs to you? Sorry, we don’t respect this strange idea of property… you really should have provided us with authorized alternatives…

      • Anonymous

        …shouldn’t you have the right to restrict who can obtain it and how much they will pay for it…

        Nope. It’s been established reality since the beginning of recorded history that information, once distributed, can not be contained. You have one way and one way alone to maintain control of how many copies will be made of information – keeping it a secret. Once it plays on the radio for the first time, your control is effectively gone.

        This unavoidable reality is why the invention of the radio also ensured the creation of “fair use” in the modern form, as the alternative meant declaring the majority of the populace to be criminals.

        Your argument makes as much sense as those of the “planned economy” and “practical marxism” – the human race does not possess the ability to convert those theories in practice.

      • Fredrika

        > “But stealing (copyright protected work) is not. There’s a difference.”

        And there’s also an even bigger difference between stealing someone’s property, so that he is permanently deprived of it, and the act of manufacturing a copy with your own physical property, which is what people filesharing do. Copyright infringements has absolutely nothing to do with theft. You can verify this indisputable fact in the law, a dictionary, a physics book or a book about logic.

        Since there are absolutely no similarities between stealing and manufacturing copies, why do you use the extremely misleading term theft?

        Is it just ignorance, or is it purposely dishonest and illogical rhetoric’s?

        > “If you privately produce something at your cost, and then make it available for sale, shouldn’t you have the right to restrict who can obtain it and how much they will pay for it, so you can invest in creative works and build a business on expectation of profitability?”

        That question again is extremely dishonest, since it completely reverses how society works. The correct way to answer the question is as follows:

        Should authors out of principle be privileged with a legislative monopoly, a monopoly that performs an intrusion into everyone else’s property, just because you of your own free will created an intellectual work, even though no scientific evidence supports the thesis that privileging the author with such a monopoly in any way benefits society as a whole?

        If you answer Yes to that question, then you either don’t know what copyright actually is, or you are against it.

        > “When, really, is it okay to steal?”

        Almost everyone would naturally say no, as do i assume all pirates. But the act of manufacturing a copy with your on physical property is never even close to stealing, so that question has no place in discussion about copyright related topics. Again, either you are extremely ignorant about the facts you try to comment on, or you are purposely dishonest.

        > “Will you support Chinese style intellectual property theft next?”

        Theft of intellectual property is something that basically doesn’t happen. As you may or may not know, the unfortunately misleading term intellectual property does not refer to the intellectual work.

        It refers to the copyright monopoly, which is indeed a piece of intangible property, that can be owned, sold, bought and also stolen, although i’ve never heard of that.

        An intellectual work does not constitute nor any kind of property, it can not be owned, sold, bought or stolen.

        > “Sorry, we don’t respect this strange idea of property…”

        The copyright monopoly can only exist by performing an intrusion into peoples property, that’s the core function of it. If you for some reason hold property has something holy, than you can’t be pro-copyright. Those are each others complete opposite. When you look at these indisputable facts about what copyright actually is, your entire comment seems extremely confused..

      • Anonymous

        Copyright Infringement != Stealing.

        See Fredrika’s post for further details.

  • HollandRocks

    go Netherlands

    “Instead of a download ban, the parliament suggests that the entertainment industry should focus more on offering authorized alternatives.”

    damn right

    • Pelouze

      of course NL thinks this way…..they don’t produce any media that anyone outside of NL wants.

      They do have a flourishing tech business in piracy servers though LOL

      • Henk

        Armin van Buuren, Miss Montreal, Within Temptation, DJ Tiesto, Alain Clark, just to name a few.

        • Anonymous

          Ah, but according to Pelouze, having artists catering to a hundred million listeners is indeed not producing any media “anyone outside of NL wants”.

          His definition applies only where the “RIAA-approved statement” box is ticked.

          We may dispute his view of reality but it is true that his statement reconciles perfectly with the world inside his own head.

        • http://twitter.com/icanhazsake Ninja

          Typical MAFIAA troll. If a determined country doesn’t follow the “introduce draconian laws to enforce a shitty monopoly” line working closely with MAFIAA then this country is automatically considered to be a pile of filthy scum and have a non-existent culture. He doesn’t have a clue about what he’s talking about.

          Reminds me of when I visited Chile. Never knew about those regetones they play in the radios there (and would never know if I hadn’t gone there). Now I have quite a few songs on my phone. And still, if you asked these MAFIAA morons, Chile probably is some sort of rogue country and a piracy heaven with no cultural life.

          Every time they open their food holes they further embarrass themselves.

      • http://torrentfreak.com/ Rob8urcakes

        Merry Fecken Xmas you demented asswipe liar.

      • Fredrika

        > “of course NL thinks this way..”

        Yes actually, it is of course, since no sustainable evidence support the claim that a prohibition against filesharing is needed for the goal of copyright to occur, than of course it shouldn’t be forbidden? Anyone who knows why society actually has invented the concept of copyright, and understands how legislation is supposed to be drafted understands this, of course.

        > “..they don’t produce any media that anyone outside of NL wants.”

        Another false claim from you.

        > “They do have a flourishing tech business in piracy servers though”

        Piracy is the act of copyright infringement. The fact that server in one way or another offers copyrighted works in conflict with the authors wishes, doesn’t necessarily mean that any actual copyright infringements take place.

        But you don’t care to much about the facts, now do you?

    • Anonymous

      that is the proper, sensible way to go. i thought part of the idea of a democracy was to innovate and be competitive, not to outlaw all alternatives. trouble is, the entertainment industries dont want to compete. they want to be the sole supplier and distributor, keeping control of prices as well. even now, the price of downloading a music album, for example, is not much less than buying the disk, even though you have had to pay for everything that allows the download (computer, broadband, burner, software, disks), but not have the ‘real disk’, case art work etc.

  • Pingback: Dutch Parliament: Downloading Movies and Music Will Stay Legal … | Movie Releases

  • 3digger

    Could this be the ripple in the pond of Common Sense??I sure hope so after all it’s Christmas!!

  • Anonymous

    Well it is nice to hear such things but I long to see the day they realise that people cannot BT download unless they BT upload. If everyone just downloaded to follow the law then the system would soon collapse.

    And that makes the BT upload the real sticking point copyright trolls and all.

  • Guest

    Good!

  • in te christmas spirit

    merry christmas to all and a happy downfall to sopa for the new year

  • Anonymous

    Sounds liek them Dutch People are pretty cool.
    http://www.Total-Privacy dot US

  • Anonymous

    Sure sounds like they know what the deal is. Wow.
    http://www.Total-Privacy dot US

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    Emekli Fen Bilgisi ö?retmeni ve Medikal firmalar? sahibi olarak ara?t?rmalar?mdan ç?kard???m sonuçlar bunlar.
    Konunun uzmanlar?n?n bizleri daha kapsaml? ayd?nlatmalar? dile?iyle…

    Ortopedi genel cerrahinin bir dal?. Ortopedi daha çok, insan vücudunun ?ekil bozukluklar? ile u?ra?may? kendilerine i? edinmi? olan genel cerrahlar?n, bu konudaki de?erli çal??malar?yla do?mu? ve geli?mi?tir. Umut Ortopedi Burada ad? geçen ?ekil bozukluklar?, hareket sistemiyle yani gövde ve uzuvlarla ilgili ?ekil bozukluklar?d?r.orthopedics Medical Buna kar??l?k yüz, kafa ve iç organlara ait ?ekil bozukluklar?, bu t?p dal?n?n çal??ma alan?n?n d???nda kal?r. ?lk bak??ta çal??malar?n dar bir alan içinde kald??? Yürütgeç koltuk de?ne?i zann? uyan?rsa da hakikatte bu alan oldukça geni?tir. Zira ?ekilde ve fonksiyonda bozukluklar Tekerlekli Sandalye yapan hastal?k ve darbeler oldukça fazlad?r. Ortopediyiinsan vücudunun özellikle mekanik fonksiyonlar? ile u?ra?an bir t?p dal? olarak da tarif etmek mümkündür. Ortopedi terimi, ilk olarak Paris T?p Fakültesi profesörlerinden Hasta Bezi Nicolas Andry (1658-1742) taraf?ndan kullan?lm??t?r. Ortopedi kelimesi düzgün, kusursuz çocuk veya düzgün, kusursuz terbiye, düzeltme anlamlar?na gelen bir terimdir. Fakat zamanla hüviyetini de?i?tirmi?, her ya?taki insanlar?n hareket sisteminin ?ekil ve fonksiyon bozukluklar? ile ilgilenir hâle gelmi?tir. Eski?ehir medikal M?s?r, Babil, Çin, Hint, Umut Ortopedi Medikal Yunan ve Roma kal?nt?lar?nda, insan vücudundaki sakatl?klar?n sebep olu? ve ?ekilleri ile tedavileri üzerinde çal???ld???na dair kay?tlara rastlanmaktad?r. Y?llar ilerledikçe ortopedi alan?nda da yeni geli?meler olmu? ve ortopedi giderek daha köklü bir hâle gelmi?tir. Umut Ortopedi Medikal Eski?ehir Önceden al?nm?? insan ve hayvan kemiklerinin çe?itli ?ekillerde saklanmas? ve lüzumunda kullan?lmas?n? temin eden kemik bankalar? ile noksanl??? plastik maddelerle telafi etmek için imal edilen iç sunî uzuvlar, ortopedik ürünler cerrahinin son zamanlarda ula?t??? yenilikler aras?na girdi. Ortopedi dal?nda ihtisas yapan hekimlere “ortopedist” ismi verilmektedir.

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  • Solidmass

    Merry Christmas Dutch Fucks!

  • Asdf

    Is torrenting considered “downloading” in the eyes of Dutch law?

    Put another way, does unknowingly passing on a single byte of a file to another peer count essentially the same as uploading the entire file to MegaUpload?

    Or is it something in between?

  • Jovialau
    • titniesha

      No Facebook, plz post to another wired Facebook ::: internet Trojan, spyware, tracking site…

  • DRuNKeN MaSTeR

    “…the entertainment industry should focus more on offering authorized alternatives.” ’nuff said.

  • http://torrentfreak.com/ Rob8urcakes

    This is clearly great news and a much-needed step in the right direction to free-up so many artistes from their crazy contracts where they need to sell everything they do to the CopyWrong Cartel before they’ve even created anything new.

    The market is changing. We need new laws to allow more freedom for artistes to prosper and market their wares IN THEIR TIME and ON THEIR OWN TERMS to the end-consumer.

    This applies to musicians and authors, but the movie industry is different and will need ‘special attention’ to limit the contracts and binding of their slaves oops, actors to unfair contractual terms amounting to outright slavery in the 21st Century.

  • Anonymous

    anyone got the word power to write a sensible letter to go to those at the link further up this post from Rob8urcakes? (tnx for that)

    http://www.ipo.gov.uk/pro-policy/consult/consult-live/consult-2011-copyright.htm

    dont suppose it will make much difference. governments are not interested in what the people say or the multiple, independent reports debunking the entertainment industries trumped up figures. we dont have the money to make ‘campaign contributions’, do we

  • Gae

    Well the entertainment companies are not going to like that…. having to provide better authorised alternatives.
    They would of course much rather sell people outdated plastic discs released months too late for stupid prices.

    Providing legal, cheap, fast and convenient ways for people to access tv shows and movies has been one thing they have tried all these years to avoid at all costs.

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  • Sdhdsfhdfh

    The “ever-increasing piracy” happens mostly because of VPN providers with NL servers.

  • http://artem-karimov-93.ya.ru/ Artem Karimov

    Who is for and who is against? As we Russians say, the nation should know its heroes.

  • fraseralbie

    If true,it could be that Mininova opens up again

    • Menthix

      No. The very short summary is: For now Dutch piracy laws don’t get worse than they already were.

      The legal *downloading* is an exception which already existed at the time Mininova and many other went down. Distribution/uploading of warez has never been legal in the Netherlands. Of course we can debate the status of a torrent tracker, but this vote won’t have any direct effect on it.

  • Anonymous

    That actualyl does make a LOT of sense when you think about it. Wow.
    http://www.Total-Privacy dot US

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  • Psyko666

    Vrolijk kerstfeest kaaskoppen!!! :)

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  • http://hdmikabel.narod2.ru/ hdmi

    But they’re outlawing Marijuana? #FAIL

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  • Lolol

    It’s still absure that Teeven ass wastes his time protecting foreign IP instead of focussing on actual problems. They must have given him a nice incentive.

  • Pieter Hulshoff

    While I may disagree with Mr. Teeven on a lot of issues, I seriously doubt bribery has anything to do with it. He just has a certain vision with regards to law, in which making downloading illegal fits. Don’t forget that most countries in the world seem to agree with his point of view, so it’s not totally out there. It just doesn’t match with our ideas.

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